Dutchcn User Service Agreement

If you are below 18 years old, please read the agreement with the accompany of a legal guardian and shall especially pay attention to the Art. 19 of this agreement regarding the terms for minors.

Please note that: according to GDPR, part of this agreement was adapted on 20th of May.

In order to use the services of Dutchcn, you are supposed to read and accept the Dutchcn User Service Agreement (abbreviated as “this agreement”). Please read each term carefully and have a thorough understanding of the content of each article, especially the terms regarding the exemption or limitation of liabilities, the terms regarding the applicable laws and territories, as well as the separate agreements for opening or using certain services. The terms regarding the exemption of liabilities may have been underlined or printed in bold characters to keep you notified. Unless you have read and accepted all the terms, you are not entitled to use the services provided by Dutchcn. The fact that you are using the services of Dutchcn is an indication that you have read and accepted the contents of this agreement.

1: The Applicability of This Agreement

1.1 This agreement is established between users and Dutchcn regarding the usage of relevant services provided by Dutchcn. Dutchcn refers to the PC website, mobile website and APP of Dutchcn platform. “Users” refer to the persons using the services of Dutchcn, more frequently mentioned as “you” in this agreement.

1.2 The services under this agreement include, but are not limited to such services and products as instant messaging, online media, internet added-value service, interactive entertainment, e-commerce and advertising. (abbreviated as “the services”)

1.3 This agreement also includes a privacy policy . When you use a certain service from Dutchcn, that service may have a separate agreement and business rules (referred as “separate agreements”). Once the above mentioned contents have been officially published, they automatically form as an inseparable part of this agreement, which you are also bound to observe. The acceptance of any earlier mentioned business rules or separate agreements is viewed as the acceptance of the entire agreement.

2: Account and Password Security

2.1 You may need to register an account when using Dutchcn services.

2.2 Dutchcn reminds you to protect your account and password with caution. After you’ve finished a login session, please quit in a secure manner. You are liable for any consequences resulting from the theft of your account and/or password due to your own negligence.

3: Protection of Users’ Personal Information

3.1 Protecting users’ personal information is a basic principle of Dutchcn. Dutchcn will collect, use, store and share your personal information according to this agreement and privacy policy. If the regulation in this agreement regarding personal information protection conflicts with the above mentioned privacy policy, or if any relevant regulation regarding personal information protection has not been stipulated in the agreement, the privacy policy prevails.

3.2 When you register the account or use the services, you may be required to fill in some information, including your real identification if such information is compulsory to be provided under the national law. If your provided information is not complete, you may not use the services or your access to the services may be restricted.

3.3 Under regular circumstances, you can view and modify the information you submitted. But from the point of security and identity recognition (for example account appeal service), you may be unable to modify the initial registration information which you previously provided and other verification information.

3.4 Dutchcn shall apply all kinds of security technology and programmes to set up comprehensive management environment in order to protect your personal information and prevent unauthorised visit, usage or disclosure.

3.5 Dutchcn will not transfer or disclose your personal information to any irrelevant third party, unless:

(1). definite authorisation from the users is obtained

(2). the relevant laws and regulations require it

(3). the governmental organisation requires it

3.6 Dutchcn attaches great importance to protecting the personal information of the minors. Anyone under 18 years old is obliged to be granted permission from his/her parents or legal guardians (abbreviated as “guardians”) prior to using the services of Dutchcn.

4: The Manners of Using the Services

4.1 Unless otherwise agreed with Dutchcn, you acknowledge that this service is only used for personal non-commercial purposes.

4.2 You ought to apply the manner that is provided or allowed by Dutchcn to make use of the services. The rights that you derive from this agreement cannot be transferred.

4.3 You are forbidden to use unauthorised plug-ins, extensions or third-party tools to disrupt, damage, modify or exert other influences on the services provided under this agreement.

5: Provision of Services under Current Conditions

You understand and agree that the services of Dutchcn is provided based on the currently available technologies and conditions. Dutchcn will do its utmost best to provide you services and ensure the coherence and security of the services. However, Dutchcn is not able to predict or be completely immune to the legal, technical and other risks, including but not limited to force majeure; attacks from viruses, Trojan, hackers; instability of the system; the glitch from third party services; governmental actions; as well as service disruption, data loss and all other damages and risks resulting from above occurrences.

6: Equipment at Your Own Cost

6.1 You shall understand that the preparation of terminal equipment (e.g. laptops, modem) and the necessary relevant costs (e.g. telephone fees, internet fees) to use Dutchcn services are solely at your own expense.

6.2 You shall understand and agree that using the services will exhaust your terminal equipment and broadband.

7: Advertisement

7.1 You agree that Dutchcn is authorised to send you advertisement, promotion or marketing campaign information (including commercial and non-commercial information) independently or via a third-party during the process of providing services. The approach and scope of sending such advertisement may change without having to inform you in advance.

7.2 Dutchcn may provide you the function to choose to stop receiving the ads. However, in no circumstances should you block, filter the ad information via any approach that is not stated in this agreement or unauthorised by Dutchcn in writing.

7.3 Dutchcn fulfils its obligation to the ad provider according to the laws and regulations. You are supposed to judge the authenticity of the ad and be liable for any consequences from your own judgement. Unless otherwise stipulated in law, Dutchcn is not liable for any incurred damages resulting from the contents of the advertisement and the transactions you conduct based on the previously mentioned advertisement.

7.4 You agree that you shall carefully judge the authenticity and reliability of the advertisement appeared in Dutchcn services. Unless otherwise stipulated in law, you are solely responsible for the transactions based on the ad.

8: Service Fees

8.1 Part of services of Dutchcn is subject to services fees. Please comply with relevant regulations if you use such services.

8.2 Dutchcn may change and modify the service fee policies based on market standard. Dutchcn may also start to charge the services which are previously free. However, before changing, modifying the service fee policies or starting to charge any fees, Dutchcn will publish notice or announcement on the relevant service page. If you disagree with above mentioned modification, you shall stop using such services.

9: Products or Services provided by Third Party

When you use products or services provided by the third party, you shall also comply with the user agreement of the third party, in addition to this agreement. Dutchcn and the third party, within the scope of the laws and regulations, are respectively liable for the disputes which may arise.

10: Services Based on APP

If Dutchcn is relying on “APP” to provide you services, you also need to comply with below terms:

10.1 You may need to download the APP when using this service. Dutchcn provides you a personal, non-transferable and non-exclusive right to use the APP. You can only use the APP for the purpose of visiting or using this service.

10.2 To improve user experience, ensure the security of the services and the coherence of the product functionality, Dutchcn may update the APP. You shall update the APP to the latest version, otherwise Dutchcn cannot guarantee the normal use of it.

10.3 Dutchcn may develop APP of different versions for different terminal devices. You shall download and install the proper version according to your own situation. You can directly download the APP from Dutchcn website or obtain it from the third party authorised by Dutchcn. If you obtain the APP or other programs with the same name as the APP from an unauthorised third party, Dutchcn cannot guarantee the normal use of it and is not liable for any incurred damages.

10.4 Unless approved by Dutchcn in writing, you are not allowed to conduct any of the below actions:

（1）delete the information about intellectual property of the APP or its duplicate.

（2）apply reverse engineering, disassembly operations to the APP, or endeavour to find the source code via any other approaches.

（4）copy, modify, add, delete, mount or create any derivative products for the APP or the data that is released to any terminal storage during the APP operation process, and the interactive data between the client end and the server end during the APP operation process. The form of such action includes but is not limited to access the APP and relevant system via plug-ins, extensions or any third-party tools/services unauthorised by Dutchcn.

（5）add, delete, modify the functions or effects of the APP via alternating or forging the commands; or operate, publish the APP for above mentioned purposes, no matter whether such actions are for commercial purposes or not.

（6）log in or use the Dutchcn APP or services via the unauthorised third-party software, plug-ins, extensions, systems that are not developed by Dutchcn; or make, publish, circulate such unauthorised software, plug-ins, extensions and systems.

11: Intellectual Property Statement

11.1 Dutchcn possesses the intellectual property of the contents (include but not limited to website, words, images, audios, videos and charts) provided in the service. The intellectual property of the contents produced by the users belongs to the users themselves or relevant rightful person.

11.2 Unless otherwise stated, Dutchcn possesses the copyright, patent and other intellectual properties of the relied software when providing this service.

11.3 Dutchcn possesses the copyright or trademark right of the business logo “Dutchcn”, “Yaband” in this service.

11.4 All the above mentioned intellectual properties and other intellectual properties of contents contained in this service are protected by law. Nobody is allowed to use or create derivative products in any form without the authorisation in writing from Dutchcn, users or relevant rightful persons.

12: Illegal Actions of the Users

12.1 When using this service, you are obliged to abide by the law. You are forbidden to use this service for any illegal actions, including but not limited to:

（1） publish, transmit, circulate, store any contents that harm social stability, violate public order, that are insults, slanders, obscenity, violence, and that violate national laws and regulations.

（2）publish, transmit, circulate, store any contents that violate the intellectual property and business confidentiality.

12.2 If you break this term, the governmental organisations or institutions may file a law suit, impose fines or other sanctions, and will require Dutchcn to assist. Dutchcn is not liable for any indemnification of the damages caused by you.

12.3 If Dutchcn discovers or you are reported that the information you published is against this term, Dutchcn has the right to make independent judgement and apply technical approach to deleting, blocking or cutting the connection. At the same time, Dutchcn has the right to take actions including but not limited to pause, terminate, restrict or freeze the services and take necessary legal measures based on an evaluation of user’s actions.

12.4 If you break this term and cause harm to the third party, you shall be independently liable for the harm. Dutchcn shall also be compensated if Dutchcn is harmed at the same time.

13: Observe the Local Laws

13.1 You shall abide by the local laws and regulations and observe the local customs when using this service. In case your action breaks the local regulations or customs, you shall be solely liable for that.

13.2 You shall avoid making Dutchcn involved in political and public affairs when using this service. Otherwise Dutchcn has the right to pause or terminate the service to you.

14: The Contents Sent and Transmitted by Users and the Handling of Third Party Disputes

14.1 You are solely liable for all the contents that you send or transmit through this service (include but not limited to website, words, images, audios, videos, charts)

14.2 The contents that you send or transmit shall come from legal sources. The relevant contents shall be possessed by you or you are authorise by the rightful persons.

14.3 You agree that Dutchcn has the right to use the contents that you send or transmit for the purpose of fulfilling this agreement or providing this service.

14.4 If Dutchcn receives the notification from the rightful persons, claiming that the contents you send or transmit have violated his/her/their rights, you agree that Dutchcn has the right to judge independently and take measures to delete, block or disconnect such contents.

14.5 You shall not violate the laws and regulations and the legal rights of other persons when using this service. You understand and agree that if you are reported by others or you report others regarding any violation, Dutchcn has the right to provide the necessary information including the disputing parties, contact info, the contents of disputes to the other disputing party or relevant institutions, in order to solve the disputes in time and protect the rights of others.

15: Force Majeure and Waive of Obligations

15.1 You understand and agree that when using this service, you may face force majeure which disrupts this service. Force majeure is defined as an objective fact that cannot be predicted, overcome, unavoidable and can cause significant impact on one or both parties, including but not limited to natural disasters such as flooding, earthquake, plagues and storms, as well as social events such as wars, turmoil, government actions. When above situations appear, Dutchcn will endeavour to cooperate with relevant institutions to restore the service. However, Dutchcn is waived from obligations towards any damages incurred.

15.2 Within the scope of the laws, Dutchcn is not liable for any disruption of the service caused by the below situations:

（1）damage caused by computer virus, Trojan, hackers or other malware.

（2）when the software, system, hardware and telecommunication connection of users or Dutchcn dysfunction.

（3）improper operation of the users

（4）users use this service through unauthorised approaches

（5）other situations that cannot be controlled or reasonably foreseen by Dutchcn.

15.3 You understand and agree that when using this service, you are likely to be exposed with risks from internet information or other users’ actions. Dutchcn is not liable for the authenticity, applicability and legality of any information, nor are we liable for any damages from the violations of rights. These risks include but are not limited to:

（1）information that is anonymous or with fake ID that contains threats, slanders, disgusting or illegal contents.

（2）misled or cheated by others, or affected by other factors that would cause or may cause any psychological, physical or economic damages when using this service.

（3）other risks from internet information or user behaviours.

15.4 You understand and agree that this service is not intended for any particular purposes, including but not limited to the scope of nuclear, military usage, transport etc. Dutchcn is not liable for any legal obligations from any casualties, property damages and environmental damages that result from failure of above mentioned operations due to the use of services.

15.5 Dutchcn has the right to deal with illegal contents. Such right derives from this agreement. However, such right does not form as the obligations or promises of Dutchcn. Dutchcn cannot guarantee the in-time discovery and handling of the illegal contents or actions.

15.6 In no circumstance should you trust any internet message involving loans, password, properties. When the message involves anything related to financials or properties, please make sure to verify the identity and pay attention to the notice from Dutchcn regarding fraud prevention.

16: The Effectiveness and Modification of this Agreement

16.1 You are viewed as having read and accepted the contents of this agreement if you are using the Dutchcn services.

16.2 Dutchcn reserves the right to modify the terms in this agreement when necessary. You can look up the latest version of this agreement in relevant service page.

16.3 If you continue using the APP or services provided by Dutchcn after this agreement has been modified, you are viewed as having accepted the modified agreement. If you do not accept the modified agreement, you shall stop using the APP or services provided by Dutchcn.

17: The Modification, Pause and Termination of Services

17.1 Dutchcn may modify, pause, or permanently terminate its services.

17.2 You understand and agree that Dutchcn is independent in deciding its operation strategies. When there is merge, separation, acquisition or capital transfers happening to Dutchcn, Dutchcn can transfer the capitals under this service to a third party. Dutchcn may also transfer part or all services under this agreement to a third party for operation after Dutchcn has unilaterally informed you. The exact transferee is subject to the notice from Dutchcn.

17.3 When any of the below situations have happened, Dutchcn may pause or terminate its services without notification:

（1）when according to the laws and regulations, you are supposed to provide authentic information, and the information you provide is false, or does not match the registration information, in addition that you fail to provide proper explanation.

（2）you violate the relevant laws and regulations, or terms in this agreement.

（3）when required by the laws or the legal bodies.

（4）due to security reasons or other necessary situations.

17.4 Dutchcn has the right to charge fees according to the Art. 8.2 in this agreement. If you fail to pay the fee on time, Dutchcn has the right to pause or terminate its services.

17.5 You shall backup and store the data in this service. If your service is terminated, Dutchcn can permanently delete your data from our server, unless otherwise required by law. After the service is terminated, Dutchcn is not obliged to return the data to you.

18: The Territory and its Applicable Law

18.1 Dutch and EU laws apply to the establishment, effectiveness, fulfilment, explanation and dispute solutions about this agreement.

18.2 This agreement is singed in the Hague, the Netherlands.

18.3 When you have any disputes with Dutchcn, friendly negotiation to reach a solution shall prevail. If the negotiation fails, you agree that the disputes shall be submitted to the local court governed by the administrative region where this agreement is signed.

18.4 The titles of the articles and terms in this agreement are only meant for convenient reading without actual meanings and cannot be used as a basis to interpret this agreement.

18.5 Even when certain articles or terms in this agreement become partly void or cannot be executed due to any reasons, the rest of this agreement shall still be valid and binding for each party.

19: User Agreement for Minors

19.1 If the user is below 18 years old, the user shall read the agreement and use this service under the supervision and guidance of the guardians.

19.2 The minors are inclined to being tempted and confused by information from the internet. They also lack the ability to deal with contingencies, thus very easy to get lured into fraud or other harmful behaviours. Therefore, minors shall pay attention to the below terms when using this service:

（1）identify the difference between virtual world and real world, avoid becoming addicted to internet which affects daily life.

（2）pay attention to self-protection when filling in personal information to avoid harassment from others.

（3）learn to use internet correctly under the guidance of guardians.

（4）avoid meeting with people known from internet without cautions.

19.3 Guardians shall provide full guidance to the minors who are using this service. Guardians shall pay attention to the communication with their kids and provide necessary safety instructions.

20: Others

If you have any suggestions or opinions regarding part of all of the agreement, you are advised to contact Dutchcn custom service via +31 70 221 0808 or Email: info@dutchcn.com. We will provide you necessary assistance.